[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Rules and Regulations]
[Pages 52835-52836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22093]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 250

[Docket No. OST-96-1255]
RIN 2105-AC45


Oversales Signs

AGENCY: Office of the Secretary (OST), (DOT).

ACTION: Final rule.

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SUMMARY: This document amends the regulation on oversales by changing 
the reference to an outdated legal authority and other language because 
of several new statutory provisions. This action also makes certain 
other editorial changes.

EFFECTIVE DATE: October 8, 2003.

ADDRESSES: You may obtain a copy of this notice from the DOT public 
docket through the Internet at http://dms.dot.gov, docket number OST-
96-1255.
    You may also review the public docket in person in the Docket 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket office is on the plaza level of the Department of 
Transportation. Additionally, you may obtain a copy of this document 
from the Federal Register Web site at http://www.gpoaccess.gov/fr/index.html.

FOR FURTHER INFORMATION CONTACT: Tim Kelly, Aviation Consumer 
Protection Division, Office of Aviation Enforcement and Proceedings, 
Office of the General Counsel, Department of Transportation, 400 
Seventh Street, SW., Room 4107, Washington, DC 20590, telephone (202) 
366-5952, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 1996, the Department of Transportation published a 
Notice of Proposed Rulemaking (61 FR 27818) that proposed to eliminate 
the

[[Page 52836]]

Department's requirement (pursuant to 14 CFR part 250) that a consumer 
notice about airline oversales appear on signs at airports, city ticket 
offices, and travel agencies. The basis for the NPRM was that the 
information would continue to be available through other means. This 
NPRM also proposed certain updates to the Department's oversales rule 
to reflect the recodification of statutory provisions and the 
Department's acquisition of responsibility for this rule from the Civil 
Aeronautics Board.
    The Department received two comments in response to the NPRM. 
Southwest Airlines supported the proposal to eliminate the oversales 
sign. Southwest also concurred in one particular element of the 
proposal which would require ``ticketless'' carriers (i.e., airlines 
that use electronic ticketing as opposed to conventional paper tickets) 
to continue to post the oversales sign if the carrier does not 
distribute the oversales notice in writing to every passenger as is 
required for passengers with paper tickets. The American Society of 
Travel Agents opposed the Department's proposal; it stated that signs 
are a more efficient method of communicating the oversales information 
than individual notices. ASTA asserted that the Department should keep 
the sign requirement and eliminate the requirement for individual 
ticket notices.
    A major basis for the Department's proposal was the fact that the 
oversales rule requires that oversales information to assist consumers 
must appear both on signs and on a notice that is to accompany every 
ticket. Due to the significant growth of electronic ticketing in the 
period since this proposal was issued, the Department cannot rely to 
the same extent on advance distribution of the oversales ticket notice. 
Indeed, in 1997 (62 FR 19473) the Department issued a Statement of 
Compliance Policy in which it afforded additional flexibility to 
carriers in distributing ticket notices to electronically ticketed 
passengers.
    Therefore, based on the above discussion, we have decided not to 
eliminate the requirement for an oversales airport sign at this time. 
Additionally, it is our decision that ASTA's proposal to eliminate 
ticket notices is beyond the scope of this proceeding. However, in this 
final rule, we will finalize the administrative updates of Part 250 
that were proposed in the NPRM (e.g., statutory references) by amending 
certain terms to more accurately reflect current law.

Regulatory Analyses and Notices

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, it was not 
reviewed by the Office of Management and Budget. This rule is not 
considered significant under the Department's regulatory policies and 
procedures. This rule only makes editorial changes, and updates 
reference to a legal authority and other language because of several 
statutory changes.
    The Department also has determined that the economic impact of the 
rule is so minimal that no further analysis is necessary. This rule 
does not impose unfunded mandates or requirements that will have any 
impact on the quality of the human environment.

Executive Order 13132

    The Department has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 (``Federalism'') and has 
determined that the rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Paperwork Reduction Act

    This action does not contain information collection requirements 
for purposes of the Paperwork Reduction Act of 1995.

Regulatory Flexibility Act

    The Department has evaluated the effects of this rule on small 
entities. I certify this rule will not have a significant economic 
impact on a substantial number of small entities, because we are merely 
making editorial changes and updating references to a legal authority 
and other language because of several statutory changes.

List of Subjects in 14 CFR Part 250

    Air carriers, Consumer protection, Reporting and recordkeeping 
requirements.


0
For the reasons set forth in the preamble, the Department amends 14 CFR 
part 250 as follows:

PART 250--OVERSALES

0
1. The authority citation for part 250 continues to read as follows:

    Authority: 49 U.S.C. 401, 411, 413, and 417.


0
2. In 14 CFR 250.1, the definition of ``Carrier'' is revised to read as 
follows:


Sec.  250.1  Definitions.

* * * * *
    Carrier means: (1) A direct air carrier, except a helicopter 
operator, holding a certificate issued by the Department of 
Transportation pursuant to 49 U.S.C. 41102 (formerly sections 
401(d)(1), 401(d)(2), 401(d)(5) and 401(d)(8) of the Federal Aviation 
Act of 1958), or an exemption from 49 U.S.C. 41101 (formerly section 
401(a) of the Act), authorizing the transportation of persons, or
    (2) A foreign route air carrier holding a permit issued by the 
Department pursuant to 49 U.S.C. 41301 through 41306 (formerly section 
402 of the Act), or an exemption from the appropriate provision of 49 
U.S.C. 41301 through 41306, authorizing the scheduled foreign air 
transportation of persons.
* * * * *

0
3. In Sec.  250.2, the words ``or overseas'' are removed.

0
4. In Sec.  250.2b(b), in the last sentence, the word ``Board'' is 
removed and the term ``DOT'' is added in its place.

0
5. In Sec.  250.5(a), in the last sentence, the words ``and overseas'' 
are removed.

0
6. In Sec.  250.9(b), in the subsection entitled Compensation for 
Denied Boarding, in the second sentence, the phrase ``Civil Aeronautics 
Board'' is removed and the phrase ``Department of Transportation'' is 
added in its place, and in the subsection entitled Amount of Denied 
Boarding Compensation, in the second paragraph, the phrase ``the CAB'' 
is removed and the term ``DOT'' is added in its place.

    Issued this 19th day of August, 2003 at Washington DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-22093 Filed 9-5-03; 8:45 am]
BILLING CODE 4910-62-P